Migori Teachers Co-operative Savings & Credit Society Ltd v MSL Savings & Credit Co-operative Society Ltd; Co-opholidings Co-operative Society Ltd(Interested Party) [2022] KEHC 1600 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL APPEAL NO. 134 OF 2020

MIGORI TEACHERS CO-OPERATIVE SAVINGS & CREDIT SOCIETY LTD........APPELLANT

-VERSUS-

MSL SAVINGS & CREDIT CO-OPERATIVE SOCIETY LTD...................................RESPONDENT

CO-OPHOLIDINGS CO-OPERATIVE SOCIETY LTD..................................INTERESTED PARTY

RULING

1. The appellant herein took out the motion dated 7th February2022 whereof it sought for an order for the presiding Judge to appoint a bench of minimum two Judges to hear the appeal.  The motion is supported by the affidavit sworn by Tom Magutu Getange, the appellant’s advocate.  The motion was served but did not elicit any responses therefore this court considered the application as unopposed.

2. I have considered the grounds stated on the face of the motionplus the facts deponed in the supporting affidavit. It is the submission of the appellant that since this court is the final appellate court it is entitled to have the appeal heard and determined by a bench of more than a single Judge.  It is argued that a bench of more than one Judge will enhance the jurisprudence on cooperative matters which will put to rest similar matters pending before the Cooperative Tribunal.

3. The appellant further pointed out that a bench of more thanone Judge will determine all the issues raised on appeal with finality and further establish the roles of the commission for cooperatives as a regulator of the cooperative movement.

4. It is also argued that such a bench will give a broadinterpretation of the Cooperative Societies Act and the rules     therein and the bylaws of the appellant society.

5. Having considered the arguments put forward by the appellantin support of the application, I am convinced that a single Judge can competently hear and determine the appeal and still enhance jurisprudence upon properly applying his mind to the issues raised on appeal.

6. I am also convinced that a single Judge will be able to give abroad interpretation on the roles of the commissioner for cooperatives as a regulator and to further give a broad interpretation of the Cooperative Societies Act.

7. In the end, I find no merit in the appellant’s motion dated 7thFebruary 2022. The same is ordered dismissed with costs abiding the outcome of the appeal.  The appeal to proceed for hearing before a single Judge.

DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT NAIROBI THIS 11TH DAY OF MARCH, 2022

...........................

J. K. SERGON

JUDGE

In the presence of:

....................................... for the Appellant

.................................... for the Respondent